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Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

.... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ...... her. The decisions on which the learned Assistant Attorney- General has relied on, clearly show that in interpreting fiscal law greater latitude has to be given but nevertheless if the same class of property similarly situated is subject to an incidence of taxation which results in inequality among..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

.... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ......ppeal No.22 of 1994 should not be declared to have been made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that the petitioner’s father acquired the property in question measuring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purch..

Category: Property Law | Date: | Hits: 95

Afitan Nessa and others Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502.......acquired citizenship of India and, as such, their properties had been declared as khas and, being vested to the Government. That the suit land along with 2.48 acres of land of other plots became khas property of Government by virtue of the provision of State Acquisition and Tenancy Act. That, in the..

Category: Procedural Law | Date: | Hits: 106

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......llage Dasani, within the PS Bagerhat, in the then District Khulna, now Bagerhat and his parents were also permanent residents of Bagerhat vis-a-vis, Bangladesh. He had got both moveable and immovable property at Bagerhat. The appellant went to India during the liberation war of Bangladesh for safety..

Category: Immigration and Citizenship Law | Date: | Hits: 190

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......d in the SA Khatian in the names of the defendants 4 and 5 correctly. Defendant No.4 is Panchanan Pal and the defendant No. 5 is Santosh Kumar having migrated to India, the land was enlisted as enemy property. Defendant No.11 is in possession of the Suit land as lessee from the Government. 6. Pla..

Category: Property Law | Date: | Hits: 85

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the title of the pl..

Category: Property Law | Date: | Hits: 83

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...

Category: Property Law | Date: | Hits: 75

Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)

....table business in this country by helping also the Bangladesh Government to earn foreign currency by facilitating movement of exportable finished garments to be sold in the Americas market within the scheduled time and therefore, it is totally mala fide. It has been a specific allegation that illega...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Hamayet Uddin Ahmed Vs. First Court of Settlement, Bangladesh Abandoned Building & others, 2001, 30 CLC (HCD)

....ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ...... should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect. 2. The short facts leading to the issuance of this Rule are that the landed property of House No.CWN(B)-30, (Holding No.117, Gulshan Model Town) was a DIT (Dhaka Improvement Tr..

Category: Property Law | Date: | Hits: 103

Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)

....n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......t the respondent has given a final decision to the effect that not more than one story building should be constructed on the said plot which decision will vitally affect the right to enjoyment of the property of the petitioner and, as such, the petitioner should have been given an opportunity of bei..

Category: Property Law | Date: | Hits: 114

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......ding in accordance with the sanctioned plan and transferring the entire spaces up to 10 floors to different organisations, besides the monetary involvement, the rights of the petitioners to enjoy the property is lawfully vested in them and those rights cannot be taken away with such bureaucratic fia..

Category: Property Law | Date: | Hits: 125

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......s LJ said: "On principle and on authority it is in my opinion open to this court to hold, and I consider that it should hold, that powers so far reaching, affecting as they do, individuals as well as property, are powers to be exercised judicially, and not ministerially or merely, to use the languag..

Category: Constitutional Law | Date: | Hits: 291

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... Bibi, a son Sayed Ali and two daughters Elemjan Bibi and Halimon Bibi. Subsequently Pathani Bibi died leaving behind her aforesaid son and daughters. There was an amicable partition of the inherited property among Elemjan, Halimon and Sayed Ali. Syed Ali got 'Ga' schedule land measuring 2.07 acres ..

Category: Property Law | Date: | Hits: 127

MA Bari and others Vs. Uttara Sarkari Officers Quarter Kallayan Samity and others, 2003, 32 CLC (HCD)

.... of the review petitioners the same is set aside on review. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 289. ......uthorities referred to above that a person, though not a party to the suit or the original proceedings, can be granted by the appellate court to file appeal provided he shows that his interest in the property has been adversely affected. On the same analogy a person who is not a party in the suit or..

Category: Others | Date: | Hits: 119

Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)

.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285.   ......iguous that it leaves no room for any germination of interpretation on this point. Section 19 reads, "Where, before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made..

Category: Banking Law | Date: | Hits: 215

Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)

....ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ...... No. 3518 of 2001 there was a clear instruction from this court upon respondent No. 5 (present petitioner) to mutate the name of the petitioner of Writ Petition No. 3518 of 2001 in the records of the property in question maintained by the office of that respondent within 60 days from the date of del..

Category: Others | Date: | Hits: 118

Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)

.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......cate for the petitioner that the learned Joint District Judge did not take into consideration that the re­scheduling of the loan amount was the policy of the government to help the borrower keep his property in tact and further that the provisions of section 48 of the Code of Civil Procedure and ar..

Category: Property Law | Date: | Hits: 91

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......e appellants for the purpose of 'Dhanmondi Hawkers Market' which was previously requisitioned by the Government by order dated 9-9‑1960. The appellant filed objection against the acquisition of the property on 5‑10‑1976 but the same was not considered. The Deputy Commissioner assessed Taka 2,7..

Category: Property Law | Date: | Hits: 95

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......mperor reported in AIR 1930 Lahore page 407 it appears that one Fateh Haider borrowed money from one Mukha Shah on security of one Nawab on the basis of two mortgage bonds and having arranged to sell property, Fateh Haider induced Mukha Shah as Creditor to accompany him to a petition writer with a v..

Category: Criminal Law | Date: | Hits: 42

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......and 15 years expired on 28‑11‑1993, that is, after 28‑11‑1993 the defendant petitioner acquired absolute ownership in the land under dispute. Where a person having partial interest in certain property, transfers a larger interest and subsequently acquired that interest, in that case the prov..

Category: Property Law | Date: | Hits: 84